Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Tonova mobile application ("the App"), operated by Zellasoft, Yurii Kuzela, based in Vienna, Austria ("we", "us", "our").

By downloading, installing, or using Tonova, you agree to these Terms. If you do not agree, please do not use the App.

2. Description of the service

Tonova is a personal health tracking application that allows you to:

• Record blood pressure measurements (systolic, diastolic) and pulse
• View your measurement history with filters and color-coded categories
• Analyze trends and patterns through interactive charts and statistics
• Generate PDF blood pressure reports to share with your healthcare provider
• Set reminders for morning and evening measurements
• Back up your data to Google Drive (optional)

Tonova is available as a free application with optional premium features available through in-app subscription or one-time purchase.

3. Medical disclaimer

Tonova is not a medical device. The App is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

• Blood pressure classifications displayed in the App (based on ESC/ESH 2023 or ACC/AHA 2017 guidelines) are for informational purposes only.
• The App does not measure blood pressure. You must use a separate physical blood pressure monitor (cuff device) and manually enter your readings.
• Insights, trends, and statistical analyses provided by the App are generated from data you enter and are not medical advice.
• Always consult a qualified healthcare provider for medical advice regarding your blood pressure, medication, or any health condition.
• In case of a medical emergency, call your local emergency number immediately. Do not rely on the App for emergency medical decisions.

By using Tonova, you acknowledge that the App is a personal tracking tool and that you will not use it as a substitute for professional medical care.

4. Eligibility

You must be at least 16 years of age to use Tonova. By using the App, you represent that you meet this age requirement.

If you are using Tonova on behalf of another person (for example, tracking blood pressure for a family member), you represent that you have their consent to enter their health data into the App.

5. User accounts and data

5.1 No account required

Tonova does not require you to create an account. You can use all core features immediately after installation without providing any personal information.

5.2 Local data storage

All health data you enter into Tonova is stored locally on your device. You are solely responsible for maintaining the security of your device and your data.

5.3 Data backup

If you choose to use the optional Google Drive backup feature, you are responsible for:

• Maintaining access to your Google account
• Understanding that backup data is stored in your personal Google Drive and subject to Google's Terms of Service
• Managing your backup files, including deletion when desired

We are not responsible for data loss resulting from loss of access to your Google account, device damage, device loss, or failure to maintain backups.

5.4 Data export

You may export your data at any time using the CSV export feature in Settings. We recommend regularly exporting or backing up your data.

6. Premium subscription

6.1 Premium features

Tonova offers a premium subscription ("Tonova Premium") that unlocks additional features, including but not limited to:

• Full analytics dashboard with interactive charts
• Smart health insights
• Enhanced PDF reports with graphs
• CSV data export
• Google Drive cloud backup
• Additional features as we may add from time to time

6.2 Pricing and billing

Tonova Premium is available as:

• Monthly subscription — recurring monthly payment
• Annual subscription — recurring annual payment (may include a free trial period)
• Lifetime purchase — one-time payment for permanent access

Prices are displayed in your local currency within the App and may vary by region. All prices include applicable taxes.

Payments are processed by Apple (via App Store) for iOS users and by Google (via Google Play) for Android users. We do not process or store your payment information.

6.3 Free trial

Tonova may offer a free trial period for the annual subscription. If you do not cancel before the end of the trial period, your subscription will automatically convert to a paid subscription.

6.4 Automatic renewal

Subscriptions (monthly and annual) automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.

6.5 How to cancel

You can cancel your subscription at any time through:

• iOS: Settings → Apple ID → Subscriptions → Tonova
• Google Play: Google Play Store → Menu → Subscriptions → Tonova

Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until the end of your paid period. No partial refunds are provided for unused portions of a subscription period.

6.6 Refunds

Refund requests are handled by Apple or Google according to their respective refund policies:

• Apple: https://support.apple.com/en-us/HT204084
• Google Play: https://support.google.com/googleplay/answer/2479637

We do not have the ability to process refunds directly.

6.7 Price changes

We may change subscription prices from time to time. Price changes will not affect your current billing period. For active subscribers, any price increase will take effect at the next renewal, and you will be notified in advance by Apple or Google as required by their policies.

6.8 Lifetime purchase

The lifetime purchase grants you access to all Premium features available at the time of purchase and any future updates for the lifetime of the App. "Lifetime" refers to the lifetime of the product (Tonova), not the lifetime of the purchaser. In the unlikely event that Tonova is discontinued, we will provide at least 12 months' notice.

7. Free features

The following core features are and will remain free:

• Unlimited blood pressure logging (scroll wheel and keyboard input)
• Tags and notes for measurements
• Full measurement history with color-coded categories
• Basic PDF blood pressure report (table format)
• Two daily reminders (morning and evening)
• Real-time blood pressure category indicator
• Support for all 14 languages
• Light and dark themes

We reserve the right to modify the specific features included in the free and premium tiers, but we will not remove features you previously had access to without reasonable notice.

8. Acceptable use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works based on the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the App to develop a competing product
• Distribute, license, or sell the App or any part thereof
• Use automated means to access the App (bots, scrapers, etc.)
• Intentionally introduce malicious code or interfere with the App's operation

9. Intellectual property

9.1 Our rights

Tonova, including its design, code, graphics, user interface, text, and other content, is owned by Zellasoft and protected by copyright and other intellectual property laws. The Tonova name and logo are trademarks of Zellasoft.

9.2 Your rights

You retain ownership of all health data you enter into the App. We claim no ownership rights over your data. You may export your data at any time using the CSV export feature.

9.3 License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Tonova on your personal devices in accordance with these Terms and the applicable app store terms.

10. Disclaimer of warranties

To the maximum extent permitted by applicable law:

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The App will be uninterrupted, error-free, or free of harmful components
• The App will meet your specific requirements
• Blood pressure classifications, statistics, or insights are medically accurate for your individual situation
• Data will not be lost due to device failure, software errors, or other causes

The blood pressure classification systems (ESC/ESH, ACC/AHA) implemented in the App are based on published medical guidelines. However, individual medical conditions may require different thresholds as determined by your healthcare provider.

11. Limitation of liability

To the maximum extent permitted by applicable law:

This limitation applies to:

• Medical decisions made based on data or insights from the App
• Data loss due to device failure, app malfunction, or backup failure
• Interruption of service or unavailability of the App
• Errors in blood pressure classification or statistical calculations

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection rights under EU law

12. Indemnification

You agree to indemnify, defend, and hold harmless Zellasoft and its owner from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Medical decisions you make based on information displayed in the App

13. Third-party services

The App integrates with third-party services, each governed by their own terms:

• Apple App Store: https://www.apple.com/legal/internet-services/itunes/
• Google Play: https://play.google.com/intl/en_us/about/play-terms/
• Google Drive: https://policies.google.com/terms
• Firebase: https://firebase.google.com/terms
• RevenueCat: https://www.revenuecat.com/terms

We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

14. Updates and changes

14.1 App updates

We may release updates to the App from time to time, which may include new features, bug fixes, security patches, or changes to existing functionality. Some updates may be required for continued use.

14.2 Changes to these Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date
• Notify users through the App or via the app stores
• Provide reasonable notice before changes take effect

Continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you disagree with changes, you may stop using the App and delete it.

15. Termination

15.1 By you

You may stop using Tonova at any time by uninstalling the App. If you have an active subscription, canceling the subscription and uninstalling the App terminates your use.

15.2 By us

We may terminate or suspend your access to Premium features if:

• You violate these Terms
• Your payment method fails and is not resolved
• We are required to do so by law

In the event we discontinue the App entirely, we will provide at least 12 months' notice and process pro-rata refunds for annual and lifetime purchases where applicable and technically possible.

16. Governing law and dispute resolution

These Terms are governed by the laws of Austria, without regard to its conflict of law provisions.

16.1 For consumers in the EU/EEA

If you are a consumer residing in the EU/EEA, you benefit from mandatory consumer protection provisions of the laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer.

You may bring proceedings in the courts of your country of residence. We may bring proceedings only in the courts of your country of residence.

Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr/

16.2 For all other users

Any disputes arising from these Terms shall be resolved by the competent courts of Vienna, Austria.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

18. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zellasoft regarding the use of Tonova.

19. Contact

If you have questions about these Terms, please contact us: